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If a lesbian couple married in New York and now living in Pennsylvania delivers their baby in a hospital in New York state will the NY birth certificate with both mothers names transfer to full parental rights in PA?

Asked on 11/27/12, 7:32 am

1 Answer from Attorneys

That question has not been answered yet. Until there are cases disputing the rights of the non-biological parent there cannot be an affirmative answer given to this question. For most purposes this scenario will allow the non-biological parent to exercise the same rights as the biological parent. But the problems will come at the edges, for instance if the relationship sours and you have the biological versus the non-biological parent. Or if the child needs medical attention that the two parents disagree on. Or even if the parents enroll that child in a religious school, one parent's rights may not be recognized. (But then some religious schools will not accept the children of same sex households. But that's another thread.)

The scenario presented is the best case for having both parents listed on the birth certificate, and ostensibly, enforcing parental rights should the need arise. At the least you've set up a great case for a review of a constitutional review of this issue under the full faith and credit clause.